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INDONESIA
Jurnal Independent
Published by Universitas Islam Lamongan
ISSN : 27752011     EISSN : 27751090     DOI : https://doi.org/10.30736/ji.v13i2
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
The Jurnal Independet is a peer-reviewed academic journal focusing on the development of legal studies and practices in national and international contexts. It publishes scholarly articles, research findings, case studies, and critical analyses covering various fields of law, including constitutional law, criminal law, civil law, administrative law, international law, human rights, and legal philosophy. This journal seeks to provide a platform for academics, legal practitioners, policymakers, and students to exchange ideas, foster dialogue, and contribute to the advancement of legal knowledge. With an interdisciplinary approach, the journal emphasizes both theoretical perspectives and practical implications in addressing contemporary legal challenges. The journal is published [periodically—e.g., twice a year/quarterly] and welcomes submissions in English and Bahasa Indonesia, ensuring accessibility to a wide range of readers. Its mission is to strengthen legal scholarship and support the development of just and sustainable legal systems.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 212 Documents
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Protection Victims of Criminal Acts of Extortion and or Threats Through Social Media Nugroho, Fajar Seto; Royani, Achmad; Mahardika, Salsabilah Panca
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.371

Abstract

This research is motivated by the large number of people who commit unlawful acts in the form of extortion and/or threats using social media that can harm their users. The impact on victims affects physical, psychological, and material health. This research uses a Normative juridic research type with a Law approach and a concept approach. From the results of the study it can be concluded that the rules of criminal sanctions against perpetrators of extortion and/or threats are regulated in the Criminal Code, Law Number 31 of 2014 concerning Protection of Witnesses and Victims. While crimes through social media (Cybercrime) are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE).
Authenticity of Auction Minutes as a Basis for Transfer of Land and or Building Sale-Purchase Rights Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Abidin, Zaenal
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.372

Abstract

ABSTRACT This research is motivated by the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights. to find the legal basis and explain the proof of auction minutes with applicable legal provisions. This research uses a normative legal research type, using a statutory approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights is very important; auction minutes serve as evidence that the relevant auction legal act has been carried out. The legal act is cash in nature, as well as providing the transfer of rights to the object in question to the recipient of the rights. The form of the legal basis for Article 1, number 34 of the Regulation of the Minister of Finance Number 122 of 2023 concerning Auction Implementation Guidelines. And regulated in the provisions of Article 35 Vendu Reglement (Auction Regulations) concerning the Regulation of Public Sales in Indonesia (Ordinance of February 28, S. 1908-189 in effect since April 1, 1908). The provisions in Article 1868 of the Civil Code stipulate that: "An authentic deed is a deed in the form determined by law, made by or before authorized public officials for that purpose where the deed is made". Proof aims to establish the law between the two parties concerning a right so that a truth is obtained that has the value of certainty, justice, and legal certainty.
The Power of Proof of Child Witnesses in Criminal Procedure Suisno; Royani, Achmad; Airlangga, Ganda Adam
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.374

Abstract

Criminal offense cases nowadays not only involve adults, but also involve minors whether it is as a victim, witness, or perpetrator. In its strength of proof, the minor child witnesses do not have strong proof strength because of their labile attitude and thinking. The large number of crime cases involving children and in a court judgment to be discussed in this study shows that only one witness saw, and heard directly a crime, where the witness was still classified as a child and was the consideration of the assembly per team of judges in deciding. The first issue, how is the power of a child witness under the provisions of the statute. The research method adopted in this study is normative jurisprudence with Statute Approach (Statue Approach), collection materials of legal materials using Library Studies. The legal regulations governing child witnesses are Article 171 Paragraph (1), Article 185 Paragraph (7), Article 161 Paragraph (2) of the Code of Criminal Procedure, and Article 1 Number (5) of Law No. Criminal Event Law Act statements given by a child witness although by other witnesses are not considered to be valid evidentiary instruments shall however be admissible as clues and additional other valid instruments of evidence.
Criminal Liability in Cases of Counterfeiting Excise Stamps under Indonesian Excise Law Sastradinata, Dhevi Nayasari; Ja'far Shodiq; Maulana, Syahrul Hikmah
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.375

Abstract

Criminal acts in the field of excise in this case are closely related to counterfeiting excise stamps which will have an impact on two sides, namely affecting state revenue and damaging the social system. In addition, the Criminal Act of counterfeiting excise stamps is a special criminal act regulated in Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 concerning Excise. The formulation of the problem in writing this law is how to investigate counterfeiting excise stamps and apply criminal sanctions to counterfeiting excise stamps according to Law Number 39 of 2007 concerning Excise. This study uses a normative juridical research type using a statute approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study conclude that in the process of investigation of PPNS Customs and Excise regulated in the applicable legislation in Law Number 39 of 2007 concerning Amendments to Law Number 11 of 1995 concerning Excise, and Laws Number 17 of 2006 concerning Amendments to Laws Number 10 of 1995 concerning Customs and Excise, it is regulated regarding the authority of civil servant investigators of the Directorate General of Customs and Excise and is based on Government Regulation Number 55 of 1996 until August 23, 1996. The criminal law policy in efforts to overcome the crime of counterfeiting excise tapes currently contained in the Criminal Code still has weaknesses in the rules regarding investigations into counterfeiting excise tapes and the application of sanctions. Therefore, the criminal law policy in the effort to overcome the crime of counterfeiting excise stamps in the future must be regulated better in the application of sanctions, so that it can help law enforcers in upholding justice and judges in deciding a case.
Agreements and Potential Fraud Arising in the Phenomenon of Online-Based Gambling Game Hediati, Febri Noor
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.376

Abstract

In general, the impact of technological development has many benefits for life. However, on the other hand, this technology can also be used for illegal activities such as online gambling. Online gambling that has developed by utilizing technology has reached all circles. This phenomenon brings significant negative impacts, such as addiction, financial loss, family destruction, and increased potential for criminal acts. The government has made efforts to eradicate online gambling such as blocking gambling content, although the effectiveness of these efforts still faces challenges due to the emergence of new gambling sites that continue to grow. This research uses doctrinal method with the approach of legislation, primary legal materials, and secondary legal materials. One of the conditions for the validity of an agreement in Article 1320 of the Civil Code is something that is halal. The object of the gambling agreement is something that is prohibited by law and religion, so it is not halal. In online gambling agreements, there is a lot of potential for fraud in it which violates 1338 (3) of the Civil Code, due to the absence of elements of bad faith. Online gambling involves agreements that are often unilateral and vulnerable to manipulation by the bookies such as failure to process deposits, refusal to disburse winnings, and unilateral account blocking. A collaborative approach between the government, religious leaders, educational institutions and parents is needed for prevention. Legal education and digital literacy are important steps in providing awareness of the dangers of online gambling. In addition, the government needs to optimize technology to detect and eradicate gambling transactions, as well as provide strict law enforcement against the perpetrators and promoters of online gambling. With strong synergy, it is hoped that online gambling can be comprehensively eradicated in order to protect the nation's next generation.
Legal Protection of Double Certified Land Right Holders Diaz Praba Wisudawanta
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.377

Abstract

This research examines legal protection for holders of land rights with dual certificates in Indonesia. 1This paper discusses specific court cases. This research outlines the legal framework for land registration in Indonesia, emphasizing the government's responsibility to ensure legal certainty through land registration. 16 This also highlights the negative system in land registration, where a certificate is considered valid until proven otherwise in court. The main findings of this research aim to provide insight into the challenges of resolving land disputes and the need for effective legal protection for land rights holders in Indonesia.
Anticipation of Monopoly Practices for Umkm in the Indonesian Capital Partner Area Setiyo Utomo; Deny Slamet Pribadi
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.378

Abstract

The purpose of this study is to find out the legal protection of Small and Medium Enterprises (SMEs) against monopolistic practices at the nation's capital/IKN and find out the role of the government to eradicate the monopolistic practices against Small and Medium Enterprises (SMEs) at the nation's capital/IKN in the business competition. The conclusion showed 1) the legal protection against UMKM consist of preventive legal protection and repressive legal protection at the nation's capital/IKN. Preventive protection such as prevention, the Big Businessman has forbidden to make agreements and other acts which tend to make damages to other businessman competitor and if the agreement makes unfair business competition for UMKM. However the repressive protection such as giving sanctions like administrative sanction, criminal punishment principal, and another criminal punishment. 2) the role of the government to eradicate the monopoly practice business at the nation's capital/IKN has been regulated in several regulations. This government role such as providing the financial facility, infrastructure, the information facilities services, the partnerships and easy business licensing, providing facilities and incentives, and managing the partnerships and structuring modern market locations.
Legal Review of Embezzlement of Funds in Corporate Crimes Sastradinata, Dhevi Nayasari; Nahdliyah, Hadziqotun; Sidiq, Kidung Alfiani
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.379

Abstract

ABSTRACT One prevalent form of criminal offense within society is embezzlement, and this crime continues to occur across various sectors of society, spanning individuals from different socioeconomic backgrounds. This research aims to examine how embezzlement of funds is regulated within a corporation and to explore the accountability of embezzlers in corporate crimes. The study employs a juridical normative method, utilizing primary legal resources. The findings indicate that implementing direct criminal accountability on public corporations in the context of embezzlement unveils several relevant considerations. Placing public corporations as entities directly responsible for criminal acts sends a strong signal that any unlawful actions will not be tolerated, regardless of the perpetrators within the corporation. Involving senior officials or corporate leaders in criminal accountability encourages transparency and accountability within the corporate leadership structure, emphasizing the importance of integrity in decision-making processes. The restitution of rights for aggrieved victims emerges as a key aspect in addressing embezzlement crimes.
Dispute Resolution Mechanism in Buying and Sale Transactions Conducted in E-Commerce Suisno; Sastradinata, Dhevi Nayasari; Afrida, Nabila
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.380

Abstract

ABSTRACT The advancement of information technology today provides freedom of distance, space and time to improve human performance in various activities, thereby increasing productivity and efficiency. People also use this technology as a source of income in their spare time, as entrepreneurs and consumers who offer goods and services through electronic media connected via the Internet. With the development of information flow and increasingly sophisticated digital technology, as well as the increasing use of mobile devices, this has led to changes in consumer behavior. Many people are starting to use online stores. The use of technology and information through online media in business is known as online buying and selling. The nature of the investigation itself is to obtain the truth based on the actual facts. This research method uses a normative legal research method, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials including: the Law Code from the results of the research it can be concluded that: if a dispute occurs in a buying and selling transaction via the internet, it can basically be done through the courts (litigation) or outside the courts (non-litigation) such as Negotiation, Mediation and Arbitration. However, in general, the disputing parties will be more inclined to resolve the dispute through non-litigation channels because the costs are relatively cheap, decisions can be made in a relatively short time, and the force of the decision is the same as a court decision which is final and binding.
Legal Review of Decision No. 6/Pid.Sus-Anak/2023 of the Lamongan District Court regarding the Case of Drug Abuse by Children Royani, Ahmad; Nugroho, Fajar Seto; silvana, emilia
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.322

Abstract

ABSTRACT Criminal acts of narcotics abuse by childern where judges do not provide rehabilitation because narcotics abuse committed by childern should be a diversion process in accordance with Law Number 11 of 2012 concerning the Childern Criminal Justice System. In cases of narcotics aburses by childern, there are several factors that can be the basis for the judge’s decision not to provide rehabilitation to drug abusing childern. The formulation of the problem in this study is what is the basis for the judge’s consideration of not providing rehabilitation to drug abusing childern. The result of this study are based on Article 1 of Law Number 35 of 2009 concerning Narcotics. Narcotics addicts and narcotics abusers who without rights and obligations againts the law as suspects and/or defendants in narcotics abusers who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care, and recovery.

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